Fifa has accepted it will have to change its global transfer rules following the landmark Diarra ruling – but insists it does not mean that players are now free to tear up existing contracts.
The European Court of Justice ruled this month that Fifa’s existing regulations do not comply with freedom of movement and competition law in cases of breach of contract.
It was heralded as a potential catalyst for greater player power, similar to the 1995 Bosman ruling which handed footballers free agency upon expiry of their contracts.
“Fifa will now initiate a global dialogue with key stakeholders,” said the world governing body’s chief legal and compliance officer Emilio Garcia Silvero.
“Together with them, Fifa will determine what conclusions must be drawn from the Diarra decision, and which changes are most appropriate and suitable to make.
“Fifa looks forward to developing its regulatory framework further, obviously taking into account views and input from all relevant and affected parties.
“Fifa sees the Diarra decision as an opportunity to keep modernising its regulatory framework, which has been one of the declared objectives of the Fifa president since 2016.”
The case brought by former Chelsea, Arsenal, Real Madrid and France midfielder Lassana Diarra, promises to change the treatment of players in instances of breached contract.
Previously, players and any prospective future club were held liable for financial compensation to the previous club. The ECJ made clear it considered Fifa’s rules too onerous.
But Fifa has rejected some legal interpretations that the ruling will make it easier for players to claim breach of contract as a means of engineering a transfer to another team.
“Nobody, neither a club nor a player, can simply walk away from a valid contract,” Garcia Silvero added.
“The Diarra decision addresses some important questions concerning the consequences of a breach of contract and the regulatory mechanisms which may be employed to deter a breach of contract.
“But it leaves no doubt that such regulatory mechanisms may be applied, in particular, to protect the regulations and integrity of sporting competitions.
“If players wish to be released from a contract, there will be financial consequences. If a club wishes to engage a player under a valid contract, this will often still mean that the transfer fee needs to be paid.”